Female Genital Mutilation (FGM) has several definitions. According to section 2 of the Prohibition of Female Genital Mutilation Act no 32 of 2011, it is defined as:
all procedures involving partial or total removal of the female genitalia or other injury to the female genital organs, or any harmful procedure to the female genitalia, for non-medical reasons…
The section goes on further to outline the specific procedures that constitute FGM. This coincides with the World Health Organization’s definition of FGM which states that FGM entails all procedures that involve removal of parts of the external female genital organs for non-medical reasons.
It is worth noting that customary law; which is the premise for FGM; forms part of the laws of Kenya as per article 4 of the Constitution of Kenya 2010. According to Section 3(2) of the Judicature Act Chapter 8, a caveat is placed upon the use of customary law where it is stated that customary law is applicable only to the extent that it is not repugnant to justice and morality or inconsistent with any other written law.
Thus, female genital mutilation has been outlawed in Kenya because it is harmful to women and oftentimes is carried out by force. Women have little to no choice in the matter. Adolescent girls are the main victims of this heinous act. After FGM, early marriages, which are often forced, follow suit. School-going girls end up having to leave school to tend to their new families. All this constitutes a repugnance to justice.
The Prohibition of Female Genital Mutilation criminalizes FGM under Part 4 of the act. Section 29 of the act stipulates that offenses listed under Part 4 of the act attract a penalty of not less than three years imprisonment or a fine of not less than two hundred thousand shillings or both. As per Section 19(2) of the Act, an individual who performs the act of female genital mutilation on a person which ends up causing their death, upon conviction, is liable for life imprisonment.
As is the custom with male circumcision, FGM takes place at specific times of the year, This act is most prevalent during the school holidays when students go back to their homes.[1] Women and girls facing this threat can take certain legal steps in order to protect themselves from undergoing FGM. It is important to note that anyone can report FGM cases given that it is everyone’s collective responsibility to protect and promote women’s human rights. This is made apparent by the Preamble of the Constitution of Kenya which asserts that the Kenyan people are committed to nurturing and protecting the well-being of the individual, the family, communities and the nation.
Steps to take when handling FGM cases
First, victims or those facing imminent danger of FGM can report such cases to the nearest police station. A lot of police stations in Kenya have set aside gender desks which primarily deal with issues of gender-based violence. FGM falls within this category.
In the case of minors who are afraid to report these cases to the police, they can approach a teacher or any other adult they trust seeking assistance. Some Non-Governmental Organizations (NGOs) such as World Vision have set up safe houses in places that are hotspots for FGM. Victims can seek sanctuary in these places. They can also seek both physical and mental health assistance from any public hospitals.
Moreover, one can report FGM cases through the Gender Based Violence free hotlines which are 1195 for adults and 116 for minors.
Once FGM cases are reported, investigations are carried out and the cases taken to court where the perpetrators are prosecuted, tried and sentenced. Although the number of cases have significantly reduced over the years, FGM is still rampant in Kenya. It is important to protect our girls and women from this unsafe practice and to assist women that are victims of this practice to recover both mentally and physically.
Disclaimer: This article is not intended to be legal advice. If you require legal assistance, kindly seek out a practicing Advocate with a valid license.
References
[1]The Conversation, published on 21st December 2022, https://theconversation.com/female-genital-mutilation-rates-peak-in-kenya-during-school-holidays-an-alternative-option-offers-a-solution-176483 accessed on 30th October 2023
Impressive!!
Such an informative piece.✨